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Hearing video

ZBA Hearing - January 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 19, 20226h 51m

and and the multi-unit and the multi-unit because we're not the design police that's right right

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right mr chair can i have i got a question um so if you go to the three-story uh building how high

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is that what's going to be is that going to be over the 38 no it's 33. okay okay planning commission

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thank you chair bergman uh ian hegarty for the philadelphia city planning commission that's

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spelled h-e-g-a-r-t-y do you swear affirm to tell the truth the whole truth and nothing but the

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truth yes sir i do thank you members of the board uh good morning ian hegarty for the planning

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Commission. The comprehensive plan recommends no change to the existing residential single

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family zoning at this location. Just want to note that the RSA 5 designation

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at this location. I just want to note that the RSA 5 designation of the property is not

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accidental or arbitrary. It reflects a desire that was just spoken by the last witness

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to maintain single-family use on this block and in this property. This is a 1,159-foot

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square foot lot. The applicant's hardship claim here has depended entirely on the existing

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structure, which is proposed to be demolished. So without the existing building, there's

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nothing inherently unique about the lot that prevents it from being developed in conformance

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with the zoning code. Transit proximity, adjacent non-conforming structures, other zoning districts

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that are in the neighborhood, they don't substantiate hardship. So we find that there's

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no hardship uh presented in this case and we recommend that the board deny the requested

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variance. MI 2021 001897 1313 South 23rd I vote no. Carl Tenere my vote is no. Thomas Holliman

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my vote is no. James Snell my vote is no. Ishmael Shahid my vote is no. Thank you.

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MI 2021-003-283-1625 Brown Street, United-Francisville, letter of support, Mr. Masters.

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Mr. Masters is being promoted to our panelists right now, sir.

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Good morning, Mr. Chair.

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Good morning, Mr. Masters. Spell your name for the court reporter, please.

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Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S, from the law firm of JustLaws.

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All right. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Carol Tenere has a few questions for you, Sarah.

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Sure.

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Hi. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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And it appears that you've emailed the entire exhibit packet with the required documents,

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is that correct? That is correct. You may proceed. Thank you. I'm going to share my screen.

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Thank you.

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um good morning again mr chair members of the board um this is um an interesting

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building uh 1625 brown street with me today is um the property owner my client joshua cohen

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And we were able to go back into the Zonian archives and discover what this building has been used for over the years.

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I'm going to pop over to page 33.

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so this um this building was originally a rooming house um in 1918 uh six room

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a six unit rooming house and throughout the years it has always contained um from six to

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five units it's never been less than than five units we're um we're here to legalize the five

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the five units um of this of this multi-family dwelling under the zoning code for arm one

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four units are permitted because of the size of the lot. And we're halfway, a little more than

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halfway to getting five units, but that's the only refusal that we have. And the hardship is

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that the structure has always, has been configured and always been a six or five unit structure.

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And so the courts have said that a hardship exists if the only way to do the permitted use is with demolition and extensive reconstruction.

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As we go through the plans, and I'll show you what would happen if we got rid of or tried to join the top floor unit with the other ones, it would require extensive reconstruction.

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there's going to be no change to the structures dimensions and there's no there's no there's no

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physical changes we're simply legalizing the the use of it so start from the beginning here

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the use of it. So start from the beginning here.

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The refusal, as I said, is one refusal for the five units. We require 1920 square feet

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for five units. 1440 square feet is for the four units. We have 1663 square feet.

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The RCO, as you noted, was in support.

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We have seven attendees voted in favor, two were against, one was neutral of the 10 attendees,

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and there was no further letter that was issued.

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Our site plan there is on the on the left side here there you'll see that there is a side yard

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and a rear yard to this to this building which predates the zoning code from the early 1900s.

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the um the floor plans um we have we have it's a three-story building we have two units a and b

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on the first floor we have two units um c and d on the second floor and we have one unit that was

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originally this the two for this when it was a six unit uh dwelling there were two units on the

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On the top floor many, many years ago, they were combined together into one larger unit on the top floor.

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In terms of the photos here, this is that side area, the side yard that we saw on the plans.

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We have a lot of photos of the hallways.

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We didn't have access to the individual.

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this is all tenants are are living in all of the units and we didn't have access to to go into

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their their units. This is the front of the building.

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scrolling down here we go uh the zoning posters uh photos of the zoning posters

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and it was displayed on the prominent side of the building.

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We have a tax clearance, we have the deed in our exhibits, and

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our application for Akil, our project information form,

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and the rco notice with the proof of mailing uh rounds out our our exhibits

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um if i could have um mr cohen raise his hand

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and and get recognized so that he could adopt our testimony sure

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mr cohen state your name and spell for the court reporter joshua cohen j-o-s-h-u-a

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c-o-h-e-n do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do i do proceed um good morning uh mr cohen um you have been present um at the hearing today

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and heard my testimony do you agree with it and adopt it as your own yes i do um is there anything

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else that you wanted to uh share with the board about your your property i don't think so okay

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questions from the board no mr chairman no mr chairman mr chairman no mr chairman

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questions from the virtual audience

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I don't see any further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, in 2018, the zoning map was amended in this area in accord with recommendations from the comprehensive plan.

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This parcel was intentionally not changed.

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Property, as you've seen, has a documented prior use as six-unit multifamily dwelling, among other things.

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We therefore recommend that the Board grant the variance.

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We therefore recommend that the Board grant the variance. MI 2021-003283-1625, Round 3. I vote yes.

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MI 2020.

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Harold Tenere, my vote is yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you. Thank you very much. I will be with you later also for

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another case right okay mi 2021 002644 1701 south 25th street rco point breeze development

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coalition letter of support concerned citizens of point breeze and opposition councilman johnson in

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support mr dockamson

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coming back in as a panelist. Yes, sir.

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Good morning, Mr. Chair and members of the board. Good morning. How are you? Good. Good. How are you

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doing today? Great. Great. State your name and spell for the court reporter, sir? Yes. Alan

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Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street,

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Suite 1600, Philadelphia, PA, 19109.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Our vice chair has a few questions for you. Carol?

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Hi, Mr. Nockamson, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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IT APPEARS THAT YOU HAVE SUBMITTED ALL THE REQUIRED DOCUMENTS, IS THAT CORRECT?

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THAT IS CORRECT. YOU MAY PROCEED.

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MAY I SHARE MY SCREEN? YES.

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THANK YOU. CAN EVERYONE SEE MY SCREEN?

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ALMOST. YES.

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OKAY, GREAT. I'M HERE FOR 1701 SOUTH 25TH STREET.

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This is in the Point Breeze section of Philadelphia.

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This is an ICMX property of well over 10,000 square feet, and we're looking to put an 18-unit

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planned community, six single families facing Morris, and then six duplexes as well as part

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of this planned community with a common driveway.

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What you'll see is our notice of refusal, as well as a nearby property.

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this board has, you know, dealt with under similar circumstances.

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1501 South 25th Street, which is merely two blocks away in 2019,

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this board granted an 18-unit planned community

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for ICMX property on South 25th Street.

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So this is not an outlier of what we're requesting

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under similar circumstances.

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We have a letter of support from the Point Breeze Community Development Coalition

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AS WELL AS A LETTER OF SUPPORT FROM COUNCIL MEMBER KEYNOTA JOHNSON I DID NOT HAVE AN OPPORTUNITY

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TO PUT THE LETTER FROM THE CONCERNED CITIZENS GROUP BUT I DO HAVE IT BECAUSE IT WAS SENT TO US

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LATE YESTERDAY AND ACTUALLY WASN'T EVEN SENT TO US IT WAS SENT TO THE BOARD AND THEN WE DID

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RECEIVE IT LATER IN THE DAY FROM MS. SALETA THE ZBA'S COUNCIL SO I DO HAVE IT IN FRONT OF ME AND WE

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um we have maps of the area in our exhibit packet photographs of the property in the surrounding

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area our plans and drawings proof that we had a meeting with the community and the community was

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in support of this project uh deed to the property showing that h and m development llc is the owner

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the property our application for appeal and our certificate of tax clearance showing that we're

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good standing with the city of philadelphia on the line i also have ghazi out of seven

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the owner's representative who will adopt my testimony and answer any questions he's also

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a licensed realtor who can answer any questions with with regards to you know using the property

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for its allowable use so this notice of refusal again is for icmx property

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We're looking to put 18 units here, six single-family, six two-family units.

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Again, it's not out of character, and you'll see from the next portion of this exhibit.

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But the refusals are as follows.

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The first is the use.

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This is an ICMX property.

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We're looking to pay 18 units.

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Again, not out of character.

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This board in 2019 granted a similar variance for an 18-unit plant community, only two blocks away at 1501 South 25th Street.

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The second refusal has to do with the minimum side yard width.

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You'll see from the photos that we have no choice.

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We're near an underpass where there are columns which are on our property, and we had to set back our ability.

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where we're you know which are on our property and we had to set back our building structures

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on south 25th street so whether it's an ICMX use or a residential use that we're proposing we would

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have the same type of issues in terms of a variance so that's a hardship the third refusal

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is the minimum rear yard depth nine feet required whereas the proposed rear yard depth is six and

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two quarter inches, six feet and two quarter inches. We'll go through the site plan. You'll

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see that how we're orienting the property. We're having the six single family homes on Morris

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and we're having, we're using an existing curb cut on South 25th Street and then having the 12

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duplexes in the rear of the property. And that side yard, excuse me, that rear yard is actually

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the pedestrian walkway for the duplex structures as well. So we're using it more as a pedestrian

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walkway, not as a rear yard. So the way we're orienting it using an existing curb cut,

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you know, that's the rationale behind that. And then the final refusal has to do with the width

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of the drive aisle. 24 feet is required under the code and asking for 18 feet, which is not

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out character you know we you know we're you know we have a 12-foot curb cut which we're using an

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existing curb cut and there's more more than sufficient with in terms of the drive aisle for

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the uh off-street parking again just you know gave the zoning and use permit for 1501 south 25th

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street again it references an 18 unit plan community it also indicates a calendar number of

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36580. This appeal took place not too long ago where this Board under similar circumstances

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took an ICMX property and allowed for the conversion of it two blocks away for 18 units,

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just like the same thing that we're looking to do.

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And then our letter of support from the Point Breeze Community Development Coalition. Again,

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Again, if you look at it, it was unanimous support by the community.

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And then Council Member Johnson typically only gives letters of non-opposition, but here it's actually a letter of support.

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Well, it's an email of support. This is what I received.

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But it really speaks volumes about the responsibleness of the adult development that we're proposing and how it fits within the character of this part of the neighborhood.

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Next is the maps of the area. Again, you'll see from the photos, but there's an overpass

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here. We're at the corner of Morris and South 25th Street. All we're merely looking to do,

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especially by having the single-family homes facing Morris Street, is to extend the residential

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nature of this neighborhood, right? Where we purposefully designed it so the residential units

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would be each of them would be facing Morris you'll see in the drawings we have a curb cut

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that will be in the middle here and then the duplexes will be hugging uh I guess the side

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but depending on how you orient it the rear of where the Morris part is but you know we purposefully

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oriented this by using an existing curb cut to extend the residential nature of this neighborhood

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And then photographs of the property. This is what our property looks like right now. We're under the underpass. As you can see, this is an existing curb cut. I believe this was a salvage yard for its last use. It's been abandoned for some time.

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and, you know, it can just be very difficult to, you know, use it for its proposed ICMX use.

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Again, a similarly situated property two blocks away found the same issues in terms of using it

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for ICMX. We are in a residential neighborhood. We're just trying to extend that residential

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nature of the neighborhood. You also see these columns. This is the issue, and this is why we

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are setting back our property somewhat and we would need to do that regardless of whether it's

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ICMX or this use as residential and that's one of our refusals. The side of the property on Morris

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Street again you'll see pictures to the left and the right on Morris but this is the existing

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building structure which is out of character for what you would see on Morris Street and what we're

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trying to do is make it more into in character in terms of

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residential use. And then 25th Street to 25th Street to the

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right of the property. 25th Street to the left of the

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25th Street to the left of the property, and then Morris to the right.

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property. And then more

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And as you can see, this is where you'll see more of the residential portion of the neighborhood.

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This hasn't been developed yet.

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And then our plans and drawings.

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A couple things to note, and I'm just going to reduce the size to this.

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There's no basement use in the duplexes.

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This ground floor, first floor and second floor is Unit 1 or Unit A.

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The third and fourth floors are unit B, and there's 12 off-street parking spaces, one

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for each of the single-family homes, as well as the lower unit for the duplexes have a

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garage for themselves.

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